AMAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-Amar Chand, challenging the order dtd. 26/11/2021 (Annexure P-6), passed by the Financial Commissioner (Appeals), Himachal Pradesh in Revision Petition No.48 of 2021, whereby the revision petition filed by the petitioner has been dismissed and the notice dtd. 16/12/2021 (Annexure P-7), vide which the petitioner has been called upon to remove the encroachment from the Charagah land.

(2.) The basic order passed against the petitioner is Annexure P-3, dtd. 21/6/2016, passed by the Assistant Collector Grade-I, Karsog, District Mandi. In the aforesaid order, the petitioner is a trespasser over the government land comprising in Khasra No.236/1 measuring 0/2/10 Bigha, Khasra No.236/2 measuring 0/8/12 Bigha, Khasra No.989/251/1 measuring 0/0/12 Bigha and Khasra No.989/251/2 measuring 0/0/12 Bigha, total Kita 4, measuring 0-12-6 Bigha in Mohal Beludhank, Tehsil Karsog, District Mandi, which are recorded as 'Charagah Bila Drakhtan'. The petitioner filed appeal against that order before the Collector, Sub- Division Karsog, who vide order dtd. 27/1/2017, dismissed the appeal by a detailed order. Thereafter, the petitioner filed further appeal before the Divisional Commissioner, Mandi Division, who dismissed the same vide order dtd. 23/10/2019. None of these orders are under challenge in the writ petition.

(3.) In view of the law laid down by the Hon'ble Supreme Court in Jagpal Singh and others Versus State of Punjab and others, (2011) 11 SCC 396, the encroachment of the petitioner over the Charagah land cannot be justified in any circumstances nor any such encroachment can be regularized by the Government.